McARTHUR v. MT SHASTA POWER CORPORATION (1935)

Supreme Court of California.

Roderick McARTHUR, Plaintiff and Respondent, v. MT. SHASTA POWER CORPORATION (a Corporation), Defendant and Appellant.

Sac. 4710.

Decided: May 29, 1935

Wm. B. Bosley and Thos. J. Straub, both of San Francisco, Chenoweth & Leininger, of Redding, and Athearn, Chandler & Farmer and Frank R. Devlin, all of San Francisco, for appellant. Arthur C. Huston, of Woodland, and Jesse W. Carter, of Redding (Annette Abbott Adams, of San Francisco, of counsel), for respondent.

This action is referred to in the opinion this day filed in the case of Anna McArthur v. Mt. Shasta Power Corporation, 45 P.(2d) 807, and is a companion case to the Anna McArthur Case. Respondent's lands front on Pittville pool and are located on the same side of said pool as the Anna McArthur lands, and between the two parcels of Anna McArthur lands involved in her said action against the appellant herein. The same factual situation exists in this case as was presented in the Anna McArthur Case. For this reason the decision in this case must be the same as that rendered and filed in the Anna McArthur Case.

Upon the authority of that case the judgment in the present action is reversed and the case is remanded for a new trial on the issue of damages alone, in accordance with the views expressed in the opinion this day filed in the case of Anna McArthur v. Mt. Shasta Power Corporation. Each party to pay his own costs.

CURTIS, Justice.

We concur: WASTE, C. J.; SHENK, J.; THOMPSON, J.; SPENCE, Justice pro tem.; NOURSE, Justice pro tem.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law